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<br />NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES <br />HERETO AS FOllOWS: <br /> <br />1. <br /> <br />SERVICES TO BE PERFORMED <br /> <br />Contractor, under the general direction of the Housing Coordinator or her <br />authorized representative, shall perform services as described in Exhibit A in <br />consideration of the payments hereinafter set forth in Exhibit B. <br /> <br />2. <br /> <br />A. <br /> <br />3. <br /> <br />PAYMENTS <br /> <br />Maximum Amount. In full consideration of Contractor's <br />Performance of the services described in Exhibit A, the amount that <br />the City shall be obligated to pay under this Agreement shall not <br />exceed Fifty Seven Thousand, Five Hundred and no/100 Dollars <br />($57,500). <br /> <br />B. <br /> <br />Rate of Payment. The rate and terms of payment shall be as <br />Specified in Exhibit B. Any change is subject to the approval of the <br />Housing Coordinator or her authorized representative, and shall not <br />be binding on City unless so approved in writing. In no event may <br />the terms of payment be changed to the extent that the maximum <br />City obligation shall exceed the total specified in Paragraph 2A <br />above. Each payment shall be conditioned on the performance of <br />the services described in Exhibit A to the full satisfaction of the <br />Housing Coordinator or his representative. <br /> <br />C. <br /> <br />Time Limit for SubmittinQ Invoices. Contractor shall submit a <br />Disclosure of Estimated Fees from Commonwealth Title Insurance <br />Company to City for payment in accordance with the provisions of <br />Exhibit A. City shall deposit $57,500 into escrow account no later <br />than three days prior to close of Escrow. City shall not be obligated <br />to pay Contractor for the services covered by any invoice if <br />Contractor presents the invoice to City more than one-hundred <br />twenty (120) days after the date services were rendered, or more <br />that ninety (90) days after this Agreement terminates, whichever is <br />earlier. <br /> <br />RELATIONSHIP OF PARTIES <br /> <br />It is expressly understood that this is an agreement between two (2) <br />independent contractors and that no agency, employee, partnership, joint <br />venture or other relationship is established by this Agreement. The intent of both <br />City and Contractor is to create an independent contractor relationship. <br /> <br />Agreement-l <br />4/27/98 <br /> <br />2 <br />